Property law covers all the legal rules applicable to real estate: its acquisition, management, rental and related disputes. It is an area where the financial stakes are often considerable and where prompt action is frequently necessary.
Sale and acquisition
Buying or selling a property involves significant sums and demanding formalities. Maître Toorawa assists you at every stage and acts in the event of a dispute:
- Hidden defects: non-apparent defects that render the property unfit for its intended use;
- Non-conformity: thermal regulations, floor area (loi Carrez), advertised technical characteristics;
- Defective consent: fraud, mistake or duress affecting the validity of the sale;
- Undervalue (lesion): action for rescission for lesion;
- Liability of the estate agent and/or notary for breach of their duty to advise.
The firm advises you on the merits of a claim and represents you before the competent courts.
Property, neighbours and boundaries
The right of property is exercised with due regard for that of one’s neighbours and sometimes gives rise to disputes over the very extent of the land. The firm acts in particular on:
- Abnormal neighbourhood disturbances: noise, visual or odour nuisances;
- Loss of amenity: loss of sunlight, loss of view;
- Party walls and boundary fences;
- Easements and rights of way;
- Property boundaries: amicable or judicial demarcation, party walls, encroachment;
- Adverse possession and claims to ownership.
Leases and rental disputes
Landlords and tenants sometimes find themselves in conflict: unpaid rent, damage to the property, disputed notice to quit, reclassification of a lease. The firm acts for both parties, under residential leases governed by the 1989 Act or commercial leases.
Co-ownership
Co-ownership is governed by the Act of 10 July 1965 and is a source of numerous disputes. Maître Toorawa assists co-owners and co-owners’ associations with:
- challenging a general meeting resolution and providing assistance ahead of the meeting;
- decision-making procedures and majority rules;
- the recovery of service charges and challenges to their allocation;
- the classification of common and private areas;
- challenging the managing agent’s mandate and liability claims against the managing agent or the co-owners’ association;
- breaches of the co-ownership rules;
- urgent, protective works or works affecting the common areas.